You know Danoff. Your points aren't bad at all. But your examples always go to extremes.
Extremes are useful. They give you a quick answer as to whether you're walking a slippery slope.
Let me ask you the alcohol question in another way. Is it fair to put a nurse returning home from second shift at risk of a drunk that just left the bar at 1 am, just so that drunk driver can have his "freedom"?
Who is putting the nurse at risk here? Me? I'm not responsible for some dude's drunk driving. Let's not mistake who is at fault here. The drunk is the one doing the risking.
However, as I have said before, I am fine with the government regulating behavior on publicly owned property (like streets). It belongs to the public. Regulating what goes on on
privately owned land - as is the case with this smoking matter - is another story.
But let's think about what makes sense for the drunk driving statutes. Does it make sense to outlaw drunk driving on public streets? I don't think so. How do you test for it, how do you look at a car and decide if the person within is drunk? You can't. You can decide other things - like he's driving recklessly, or too fast or slow.
Another thing to consider with drunk driving. How do you know how much is too much? How much drunk is ok and how much is not ok? Some people can drive fine when they have quite a bit of alcohol, some cannot. This is the way with all things, some people are more adept than others. So how do you decide what is too drunk? Better to stick with something more concrete - like reckless driving.
But let's think about this from yet another angle. What is the penalty for drunk driving? Nobody has been harmed right? A drunk was out driving too slow, pulled over and found to be drunk. Now what do you do with him? Give him the death penalty? Give him a 100 dollar fine and make him wait it out? What's the sentence for someone who has harmed nobody - who's only real crime so far was driving 5 mph in a 35? You'd feel bad putting him in jail for 10 years right? If not, you'd feel bad giving him the death penalty I'm sure. So what kind of a deterrent is that? Now you have a not-so-steep fine for drunk driving? Is that really preventing as much drunk driving as you want? In order to prevent it, you have to make the punishment not really fit the crime in this case.
Better to up the penalty for actually hurting someone. If the penalty for killing someone as a result of drunk driving were - say - life in prison. That would be a real drunk driving deterrent. Then people would know exactly what they were risking when they got in the car. Then people would be well aware of the danger to their own freedom. That makes much more sense and is much more cut and dry. And policing that, or reckless driving (or both) is much much easier than policing drunk driving.
Again, I am fine with behavioral regulations on public property, but you have to look at what makes sense - taking into account how people will behave.